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Item 3 <br /> The permit application and exhibit where both updated to show identified in the water diversions and <br /> impoundments as well as provide the details of the erosion control measures. <br /> In a previous correspondence dated September 19, 2018 to the division, McFarland Enterprises, Inc., <br /> states it is seeking to mitigate drainage issues on the existing access road and pad area surrounding the <br /> portal by method of placing three(3)eighteen(18)inch culvert and water bars on existing access road <br /> and build an eighteen(18)inch safety berm around the pad area surrounding the portal <br /> The drainage mitigation issues listed hereon are predicted on whether McFarland Enterprises, Inc <br /> and Jones Mountain Trust can come to a Non-Exclusive Easement and Agreement or if relief for <br /> the easement is obtained from the Courts. <br /> Item 6 <br /> McFarland Enterprises,Inc., in late 2017 entered into a settlement with San Juan County in order to <br /> resolve the County's claim against them relating to their illegal work on the road across the Hobo Claim <br /> without the required County land use permit. Under that settlement agreement,the McFarland <br /> Enterprises, Inc., agreed to <br /> i) obtain a land use permit for the work they had done as well as any further reclamation or other <br /> work on the road and <br /> ii) ii)undo all work they had performed on the road,reclaiming the property and restoring it to its <br /> pre-construction condition. This was based upon their intention,expressed repeatedly to the <br /> County,that they were not going to mine the claim but were merely attempting to make the adit <br /> safer. <br /> McFarland Enterprises, Inc is working toward obtaining a modification of the existing settlement <br /> agreement for use of the existing road and applying for an Improvements Permit as so to become <br /> compliant with the County land use code <br /> Item 7 <br /> A Non-Exclusive Easement and Agreement for a portion of the access road between Frank Bridgewater <br /> and McFarland Enterprises, Inc., was recorded in the Office of the San Juan County Clerk and <br /> Recorded. The recorded Non-Exclusive Easement and Agreement contains a typographical error. It <br /> states that it grants surface access to the Queen, MS 14916, and the Hobo, MS 16097. Frank <br /> Bridgewater does not own any interest in the Hobo,MS 16097 but rather has ownership of the Queen, <br /> MS 14916 and the Surprise,MS 1406. <br /> The error contained within the document does not change the intent or the validity of the document <br /> itself. <br /> McFarland Enterprises Inc., Frank and Eloyda Bridgewater as well as State of Colorado,recognize <br /> that the recorded non-exclusive easement and agreement cannot subject MS#16097 Hobo,or its <br /> owner,to any terms of the easement or agreement that are list within it. <br /> An amended Non-Exclusive Easement and Agreement has been created to correct the error and has <br /> been sent to both Frank Bridgewater and McFarland Enterprises, Inc., for signatures and recording. <br />